When Is an Insanity Defense Appropriate for Homicide Charges?

 Posted on April 08, 2025 in Criminal Defense

Many people believe an insanity defense is nothing more than a way for a murderer to avoid prison. In fact, one study found that only 12.5 percent of those surveyed were confident in testimony given by psychiatrists in court regarding the mental status of a homicide defendant, while 87.1 percent saw the insanity defense as nothing more than a "loophole to exploit." Four states across the U.S. (Idaho, Kansas, Utah, Montana) do not currently allow the insanity defense as a homicide defense. Others, including Wisconsin, are very specific regarding the use of the defense.

Yet, when you hear a news report like the recent one about a Wisconsin teen who allegedly killed his mother and stepfather and then lived with the corpses for two weeks, it seems that the insanity defense definitely should have a place in the defense of some individuals accused of homicide. (The teen has been charged with two counts of first-degree intentional homicide, along with other charges, and is awaiting a preliminary hearing on April 9th).  

If you are facing homicide charges, it is extremely important that you have a highly experienced criminal defense attorney by your side as quickly as possible. Perhaps you are innocent of the charges, you were defending yourself, you were not in your right mind at the time, or there are other extenuating circumstances. The only way your side of the story can be told is to have a highly skilled Walworth County, WI criminal defense attorney who will zealously fight to ensure your rights are fully protected.    

How Does Wisconsin Apply the Insanity Defense?

While the insanity defense is rarely used in Wisconsin, when it is asserted, a mental evaluation of the defendant is required. The insanity defense is based on the idea that punishment in the form of incarceration is only justified when the defendant has the capability to control his or her behavior and understand the consequences of that behavior. Certain mental disorders prevent a person from understanding right from wrong.

Under Wisconsin law, the insanity defense can be implemented if, at the time of the criminal offense, the defendant lacked the capacity to differentiate between right and wrong as a result of a mental disease or defect. Using the insanity defense usually begins at the defendant’s arraignment, where the plea is not guilty by reason of insanity. If an insanity defense is successful, the defendant will spend time in a mental health facility rather than being sent to prison.

How is Homicide Classified in Wisconsin?

Wisconsin homicide includes a variety of charges, the most serious of which include:

• Felony murder
• First-degree intentional homicide
• Second-degree intentional homicide

First-degree intentional homicide is taking the life of another person with intent. As a Class A felony, a conviction for this offense will result in a mandatory sentence of life in prison unless there are mitigating factors. Second-degree intentional homicide is charged when the defendant had just cause to kill the victim.

As a Class B felony, Second-degree intentional homicide is punishable by up to 60 years in prison. Felony murder occurs when another person’s death is caused by the defendant during the commission of certain felony crimes, like burglary. The sentence for felony murder is 15 years in prison plus the sentence for the underlying felony offense.   

Contact a Waukesha County, WI Defense Attorney

A highly experienced Milwaukee County, WI homicide lawyer from Bucher Law Group, LLC will work hard to make a difference in the outcome of your homicide charges. Attorney Bucher spent two decades as the Waukesha County District Attorney and was elected twice as president of the statewide District Attorney’s Association. This gives him a unique perspective on criminal defense that benefits his clients. Attorney Bucher has litigated some of the most high-profile, complex cases in the state, personally handling dozens of homicide charges. To schedule your free consultation, call 262-303-4916.